Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1887-03-23
The Law Of Conspiracy.

| ED. DEMOCRAT: Your morning con-
temporary in Sundays issue airs anew its
legal lore, under the heading, ''The Law
of Conspiracy" and says: "Judge Stone
OF the Common Pleas Court, at CIeve-
land, Ohio, has some ideas on the law of
conspiracy that are evidently not shared
| by some members of the Salt Lake bar
unless they have progressed somewhat in
their reading from where thev were a
year ago. 1t was then argued that a con-
| spiracy to kill U. S. Marshal Ireland was
| not crime, and practically that the kill
ing must actually have been DONE" etc.
The article so we'll illustrates the morn
ing papers usual accuracy and reliability
In legal matters, that it is worthy of brief
comment. AS matter of fact, no LAWYER
outside the said journals editorial corps
ever argued or supposed that there was
any question OF conspiracy whatever in
VOWED IN the charge against Treseder as
to killing Marshal Ireland The com
plant being brief, l give it in full, to wit:
TERRIfoRY OF UTAH, COUNTY OF SALT LAKE.
$50 Edward B. Critchelow, ESQUIRE. Com,
missioner of the Supreme Court of said Ter
rltory: E. A. Ireland, of Salt Lake City. in
the County of Salt Lake, Territory of Utah,
SAA "a OhC OOplS Ol bdlQ l6rr1tOrV.
on oath complains, that Frank Treseder. Of
Salt Lake City, in the County of Salt Lake
and Territory of Utah, on the 18th dav Of
February, IN the year of our Lord one thou-
sand eight hundred and sixty-slx, at Salt
Lake City, IN the County of Salt Lake and
Territory aforesaid, did wickedly, maliciousIv
ana 1elonlously solicit and endeavor to per-
suade one Thomas Murray willfully, feloni- |
ously and of his malice aforethou0ht to LiII
and murder this afiant; that thereby then |
and there he, the said Frank Treseder did |
attempt to commit the crime of murder |
against the peace and dignity of the People |
OF the Territory of Utah, and contrary to |
the form OF the statute in such case made
and provided, wherefore complainant pravs
that warrant may issue for the arrest of
said Frank Treseder, and that he be dealt
with according to law.
Z. A. IRELAND, Complainant.
Subscribed and sworn to before ma tb;e
I'd day of March, A. d. 1886.
E. B. CRITcHE1ow.
Commissioner Supreme Court, Territory of
Utah. 01
find that the within complaint charges no
1tfense, and therefore order that accused be
E. L. SPRAaUE, U. S. Com'r
You see that conspiracy is not men.
Toned in it, that none of its elements are
stated, and that but one person is charged
With any ottense whatever. Nobody ever
!rgued or claimed that Murray Joined in
he offense of Treseder, whatever it was.
lie was the chief witness for the prose-
utlon. To any other than a Tribune
awyer it would occur at once that one
,erson cannot alone make conspiracy:
hat 1t IS OF the essence of this crime that
wo or more join in it. Nor was the form
I the complaint in this respect a matter
t inadvertence. The u. S. ATTORNEY
ave personal attention to the subject
nd doubtless recognized instantly that
onspiracy would not lie. He made no
lain that conspiracy was charged. or
hat any otfense other than attempt to {
murder was committed. The Indictment